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(영문) 서울행정법원 2020.05.14 2019구합85362
장해연금부지금처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

While serving at the rate B on May 31, 2014, the Plaintiff received hospitalization and outpatient treatment until August 31, 2016, by suffering injuries, such as ever complex pulverization, credit-free propoppy, scarcitying, scarcitying, scarcitying, and cardio-cerebrovascular, due to a traffic accident corresponding to an occupational accident.

On September 18, 2017, the Defendant notified the Plaintiff that 27,289,000 won for lump-sum disability compensation corresponding to average wages of 495 days should be paid (hereinafter “previous disposition”), and the Plaintiff received lump-sum disability compensation benefits from the Defendant.

The Plaintiff filed a lawsuit with the Seoul Central District Court against D, the insurer of the said traffic accident, as the Seoul Central District Court No. 2018Gahap509753, seeking damages, such as medical expenses, lost profits, and consolation money.

On September 21, 2018, the Seoul Central District Court rendered a judgment that “A Co., Ltd. D shall pay to the Plaintiff the total amount of damages of KRW 322,660,794 [Around June 5, 2019, KRW 332,529,660 for the period from June 5, 2019 to September 4, 2057] x limitation of liability (liability offset) x 90% for D’s payment of disability benefits 27,289,00 KRW 48,49,160, the sum of the amount paid by D to the Plaintiff as compensation for medical expenses and the amount paid to the Defendant by the Plaintiff as compensation to the Defendant” (hereinafter referred to as “related civil case”).

The Plaintiff filed a lawsuit with this court seeking revocation of the previous disposition under the 2018-Gu 73051, and this court recommended mediation on June 26, 2019, stating that “the Defendant has revoked the previous disposition, and the Plaintiff withdraws the lawsuit.”

Accordingly, the defendant revoked the previous disposition, and on December 9, 2019, the plaintiff's disability grade is changed to Grade 6 according to the recommendation for above adjustment.

In addition, the plaintiff has lost profit from the insurance company due to the same accident.

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